`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ENZYMOTEC LTD.,
`Petitioner
`
`v.
`
`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.,
`Patent Owner
`
`IPR2014-00556
`
`DECLARATION OF DANIEL P. MARGOLIS IN
`SUPPORT OF MOTION FOR PRO HAC VICE
`ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`(cid:3)
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`(cid:3)(cid:3)(cid:3)
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`(cid:3)(cid:3)(cid:3)(cid:3)
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`(cid:3)(cid:3)(cid:3)(cid:3)
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`(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)
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`(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)
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`Petition for Inter Partes Review
`Of U.S. Patent 8,278,351
`Exhibit
`ENZYMOTEC - 1081
`
`
`
`(cid:3)
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`I, Daniel P. Margolis, declare as follows:
`
`1.
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`I obtained a B.S. in Chemical Engineering from Rutgers College of
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`Engineering in 1998, and a Ph.D. in chemical engineering from Carnegie Mellon
`
`University in 2003. I obtained a J.D. from New York University in 2006.
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`2.
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`I am currently an associate in the law firm of Kenyon & Kenyon LLP,
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`a position which I have held since September, 2006. In my nearly eight years as an
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`associate, my practice has focused primarily on representing clients in patent
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`litigations involving the chemical arts in United States district courts, the Court of
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`Appeals for the Federal Circuit, and the United States International Trade
`
`Commission. Through this work, I have gained extensive experience as a litigating
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`attorney, particularly in patent cases.
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`3.
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`I am a member in good standing of the Bar of the State of New York
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`and am admitted to practice before the United States District Court for the
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`Southern District of New York.
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`4.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`5.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`6.
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`I have never been subject to any sanction or contempt citation
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`imposed by any court or administrative body.
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`(cid:3)
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`1(cid:3)
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`
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`(cid:3)
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`8.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`9.
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`I have not applied to appear pro hac vice in any other proceeding
`
`before the Office in the last three years.
`
`10.
`
`I have substantial familiarity with the subject matter at issue in this
`
`proceeding. Patent Owner previously asserted U.S. Patent No. 8,278,351 (“the
`
`’351 patent”), the patent at issue in this proceeding, against Petitioner Enzymotec
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`Ltd. in Investigation No. 337-TA-887 before the United States International Trade
`
`Commission (“the ITC case”). I served as litigation counsel for Enzymotec Ltd. in
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`that Investigation, and, in the course of that representation, developed a strong
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`familiarity with the ’351 patent, its prosecution history, and the general subject
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`matter to which the ’351 patent is directed. I am also familiar with the prior art
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`references relied upon by Petitioner in support of its invalidity grounds in this
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`proceeding, which were similarly relied upon by Petitioner in the ITC case.
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`Furthermore, I have thoroughly reviewed the Petition and accompanying Exhibits
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`submitted in this proceeding.
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`11.
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`I declare under penalty of perjury that the foregoing is true and
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`(cid:3)
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`2(cid:3)
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`
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`(cid:3)
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`correct. I further declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under section 1001 of title 18 of the United States Code, and that such willful false
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`statements may jeopardize the validity of the application or any patent issued
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`thereon.
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`Executed on: May 30, 2014
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`
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`
`
`
`
`
` /Daniel P. Margolis/
` Daniel P. Margolis
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`(cid:3)
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`3(cid:3)
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`
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